IP attorneys need to understand emerging technologies and how they might impact drafting, prosecution and enforcement of IP rights in their practice areas. Two of today’s biggest growth technologies are quantum computing and blockchain systems.

On Quantum Computing

On the topic of quantum computing, we will provide a current overview of the quantum computing industry (who’s doing what, and why), a summary of state-of-the-art quantum computing resources, and an outlook on future developments in the field. We will also address some popular myths about quantum computing.

Finally, pertinent issues in patent law will be discussed: Should patent attorneys account for the dawn of commercial-grade quantum computers when they draft patent applications for other types of technologies? Might quantum computing inventions receive the same patent-eligibility analysis under 101 as “classical” computing inventions? Can we detect infringement of a quantum computing claim, or is a quantum processor just an unknowable “black box” (as alleged in a recent, unfortunate legal publication)?

On Blockchain Technology

On the topic of blockchain, we will provide a brief overview of blockchain technology and how it is implemented currently. We will discuss how certain industries (e.g., insurance, shipping) are already seeing implementations of blockchain to carry out transactions with an added level of transparency for all parties involved. We will then discuss how blockchain will be used in the legal field in areas of “smart contracts,” transfer of title, and IP rights. Finally, we’ll discuss the potential hurdles with filing blockchain patents and overcoming 101 rejections.

To conclude, we will discuss the potential interplay between quantum computing and blockchain technologies that we might expect to see in the future, as both industries mature.

Michael Henry is a principal and the founding member of Henry Patent Law Firm PLLC. Michael specializes in creating comprehensive, growth-oriented IP strategies for early-stage companies who are developing emerging technologies.